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prosecution never claimed Beena Ramani PW-20
as an eye-witness, however, the High Court erroneously
held ... eye-witness to the occurrence.
h) High Court failed to consider the evidence of Madan
Kumar (Waiter
Supreme Court of India
conviction can be based on the testimony of
sole eye witness--Held accused entitled to benefit of doubt.
HEADNOTE ... based on the testimony of a
single eye-witness and there is no rule of law or evidence
which says
Supreme Court of India
High Court, have placed implicit reliance on eye-witness
account of prosecution witnesses Badri, P.W.1, Indu Tiwari
Supreme Court of India
prosecution is based on
solitary testimony of eye witness Sopan, son of the
deceased. He is thus an 'interested' witness ... examined except RajuPW8, who was
also not an eye witness. It was submitted that oral dying
declaration said
Supreme Court of India
prosecution examined Phuba claiming her to be an
eye-witness of the assault by accused 1, her father Shivram ... mortem. He
doubted the claim of Phuba as an eye-witness on the ground that it was
improbable that
Supreme Court of India
came to the conclusion that he was not an eye witness and,
therefore, placed no reliance on his testimony ... quite clear that PW-2 is not an eye witness. In all
likelihood he was sleeping inside the house
Supreme Court of India
ocular testimony of PW-2;
c) No other eye-witness supports the case;
d) In any event, it is evident ... railway tracks near the body;
? If, indeed, the sole eye-witness PW-2 is to be believed, then
Supreme Court of India
Court.
i) PW2, Basi Tudu, one of the prime eye-witness, identified in
dock the previously known accused ... Graham Staines and set it
ablaze.
ii) The next eye-witness examined on the side of the
prosecution
Supreme Court of India
background in
cases where the prosecution relies upon an eye-witness
account of the occurrence. That is because ... motive
even in a case which rests on an eye-witness account does
15
not lend strength to the prosecution
Supreme Court of India
person claiming to be an
eye-witness of an accident explained that he happened to be at the spot
because ... cite him in the report as an eye-witness. It is
also in the evidence that he acts the part
Allahabad High Court
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